Guide to taking part in planning appeals - If you want to comment on someone else's appeal
The written procedure
With this type of appeal, we only consider written evidence from the appellant, the LPA and anyone else who, like you, has an interest in the appeal. We cannot accept any form of taped evidence, as we cannot be sure that everyone involved has exactly the same version.
Sending us your comments
The LPA will send us copies of any letters of support or objection which they received about the planning application.
If you want to make comments (or add to those already made), you must send them to us within the time limit given in your letter from the LPA telling you about the appeal. This is within six weeks of the date that we accept the appeal — we call this ‘the starting date’. We will not normally accept comments that have been sent late. Instead we will return them to you. This means that the Inspector will not take them into account.
We will send copies of your letter to the appellant, the LPA and the Inspector. If we consider your letter contains racist or abusive comments, we will send it back to you before the Inspector or anyone else sees it. If you take out the racist or abusive comments, you can send your letter back to us. But, you must send it back before the time limit ends.
If possible, please send us three copies of your letter. We will not
acknowledge your letter unless you ask us to. If you would like a copy
of the appeal decision you must ask for one in your letter.
The site visit
The Inspector will want to see the site involved in the appeal before making a decision. But, because everyone concerned has to make their case in writing, no discussion is allowed during the visit.
If the Inspector can see enough of the site from the road or a public viewpoint, they will visit the site alone. If that is not possible, the appellant and the LPA’s representative will go with the Inspector.
There is normally no need for other people to take part in the site visit. However, if you own a property nearby and you want the Inspector to see the appeal site from your property, you should tell us this when you write to us. We will then tell you the date and time of the visit.
The Inspector will decide whether they need to come onto your property. If they do, the appellant and an LPA representative must come too. You will not be able to discuss the case, but you can point out relevant facts and features.
It is sometimes difficult to know what you are allowed to say, but here is an example.
Your neighbour has applied to build an extension on his home, and you have written to tell us that this extension will overlook some of your windows.
You can say to the Inspector: ‘These are the windows I mentioned
in my letter.’
But you cannot say: ‘These windows will be overlooked because …’
After the site visit the Inspector writes the decision or sends a report to the Secretary of State. See chapter 8.
See the diagram of the written procedure at appendix 1, and the suggested
layout of your comments at appendix 4.
